Point of Law: Presumption of Innocence - A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty.

ORDER :

Bail petitioner, who is behind the bars since 30.3.2022, has approached this court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail, in case FIR No. 46/22 dated 12.2.2022, registered at Police Station Sadar, District Una, Himachal Pradesh, under Sections 457, 380, 485, 201 and 120-B IPC.

2. Pursuant to order dated 18.10.2022, respondent-state has filed the status report. SI/IO Ajeet Singh, PS Una, has also come present with the records. Records perused and returned.

3. Close scrutiny of record/status report reveals that on 12.2.2022, police after having received information that locks put on the shutters of grocery shop in Jalhera, District Una, reached on the spot and found that apart from locks put on the shutter back wall of the shop was also broken. Complainant Devinder Nath Puri, who happens to be the proprietor of Ms. Puri Brother, Jalhera gave statement to the police under Section 154 CrPC, alleging therein that on 11.2.2022 at 8pm, he alongwith his brother Sanjeev Kumar and nephew Sahil after closing their shop came to Ghaluwal (Saloh), but on the next day, at 8.10am when they reached at their shop, locks put on the shutter were found to be broken. He also alleged that when shop was opened, one side wall was also found to be broken. He alleged that Rs.9.5 lac kept in the chest of the counter was also found to have been stolen. In the aforesaid background, police lodged FIR under Sections 380 and 457 of IPC and during investigation, found the involvement of persons namely Shakha alias Mohmad Shakhi, Talib Hussain, Mohmad Shafi and Mohmad Sharif. i.e. present bail petitioner. Investigation revealed that persons namely Talib Hussain, Mohd. Shariff and the Mohamad Shafi after having broken the locks and side wall of the shop committed theft in the shop of the complainant. During investigation accused namely Talib Hussan and bail Mohd. Shafi disclosed to the police that they alongwith co-accused Mohmad Sharif i.e. present bail petitioner had committed theft of Rs. 9.5 lac, but such amount was handed over by them to the accused Shakha alias Mohd. Shakhi, who had told them that since matter has come to the notice of the police, they are required to refund the money. Investigation reveals that though accused Shakha alias Mohd. Shakhi took the stolen money from the accused Talib Hussain and Mohd. Shafi, but never deposited the same with the police and as such, he was also arrested. Accused namely Shakhi Shakha alias Mohd. Shakhi already stands enlarged on bail. Since investigation in the case is complete and nothing remains to be recovered from the present bail petitioner, he has approached this Court in the instant proceedings, praying therein for grant of regular bail.

4. Mr. Narender Guleria, learned Additional Advocate General while fairly admitting factum with regard to filing of the challan in the competent court of law contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency. Lastly, Mr. Guleria contends that since statements of material prosecution witnesses are yet to be recorded, it would be not in the interest of justice to enlarge the bail petitioner on bail, which in the event of his being enlarged on bail may not only flee from justice, but may temper with the prosecution evidence.

5. Mr. Onkar Jairath, learned counsel appearing for the complainant submits that keeping in view the antecedents of the bail petitioner as well as other co-accused, it may not be in the interest of justice to enlarge him on bail because in the event of being enlarged on bail, he may cause harm to the complainant

6. Having heard learned counsel for the parties and perused material available on this record, this Court finds that as of today, sum of Rs. 5,10,000/- out of total sum of Rs. 9.5 lac allegedly stolen by the petitioner and other co-accused already stands rec